New Smyrna To Test Beach Takeover

November 14, 1986|By Pat LaMee of The Sentinel Staff

NEW SMYRNA BEACH — Supported by city voters who overwhelmingly opposed a beach trust charter amendment Nov. 4, city commissioners have agreed to proceed with a lawsuit to determine the legality of a Volusia County takeover of the beaches.

However, they may be alone in that battle because Ponce Inlet and Daytona Beach Shores officials voted Wednesday to abandon the lawsuit filed by four cities in October. They agreed to follow the dictate of their voters who supported the amendment.

If the soon-to-be appointed beach trust commission wins county council approval of a beach management plan with uniform rules by January 1988, the county would control the 48 miles of oceanfront.

Daytona Beach Shores also canceled a Tuesday circuit court hearing to determine whether the city can reinstate a beach ramp toll. The city has not collected tolls since August 1982 when the court ruled it had no authority to charge for driving on the beach.

The hearing was mandated by the Florida Supreme Court, which ruled in December 1985 that coastal cities and counties can charge beach ramp tolls.

Ormond Beach, the fourth city involved in the lawsuit against the beach takeover, will determine Tuesday whether to back out of the fight in view of voters' support for the amendment.

New Smyrna Beach officials say the amendment allows an illegal transfer of home-rule powers granted by the Florida Constitution.

City Attorney Margaret Brewer said an Oct. 31 motion for a rehearing is before Circuit Judge James Nelson, who has not set a hearing date. Nelson's previous ruling denying the cities' request to remove the beach trust proposal from the ballot didn't cover the legality of a county move to control the beach, said Mayor George Musson.

The city will ''carefully and strictly follow'' legal procedures in the circuit court before going to the 5th District Court of Appeal or the state Supreme Court, he said. ''This is a constitutional issue and because a precedent could be set in knocking out home-rule provisions, the Florida League of Cities has agreed to join us in this suit when it goes to the higher courts.''